O. E. Odum V. U. K. Uganden & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

UWANI MUSA ABBA AJI, J.C.A

This is an appeal against the judgment of the High Court of the Federal Capital Territory in Suit No. FCT/HC/CV/47/2000, delivered by Hon. Justice M. B. D. Mensem (as he was then was) on the 28th October 2002, whereby the learned trial judge dismissed the reliefs sought by the Appellant.

The Appellant’s claim as per further Amended Statement of claim was for:-

i. A declaration that he is the lawful allottee of Plot No.1277 MNDP Zone A6, Abuja;

ii. A declaration that the Respondents are trespassers on the said land

iii. A declaration that the buildings on the said piece of land belong to the Appellant, based on the principle of “quid quid plantatur, solo solo cedit”

iv. N1,000,000.00 (One Million naira, only) as damages for trespass against all the Respondents, jointly and severally.

The facts of the case as can be deduced from the pleadings and evidence adduced before the trial court was that, Plot No.1277 MNDP Zone A6, Abuja, was legitimately allocated to the Appellant by the Hon. Minister of the F.C.T. with statutory Right of Occupancy No.1M 1173 since 29th March 1983. Sometime in 1991, the Appellant was seriously in need of money. In consequence, he approached the 1st Respondent for some monetary assistance, that resulted in the loan of N70,000.00 (Seventy Thousand Naira Only) from his friend, the 1st Respondent. He however, directed that the N70, 000,00 borrowed, should be deducted from the proceeds when the said plot of land is sold and he promptly handed over the title document on the land to the 1st Respondent. It was the Appellant’s case that the land was never sold. He further contended that the 1st Respondent collaborated with the other Respondents and developed the said land without his consent and/or authorization and that he had not by sale assigned his interest on the property to any of the Respondents or authorized the Respondents to develop the said land but that the sum of N70, 000,00 collected from the 1st Respondent was a loan.

For the Respondents, however, it is their contention that sometime in 1990, the Appellant requested the Respondent to search for a buyer for his Plot No.1277 in Zone A6, Abuja. The 1st Respondent introduced Major D. Wende, the 3rd Respondent to the Appellant. After some negotiations between the Appellant and the 3rd Respondent, the Appellant sold the said plot of land to the 3rd Respondent, who immediately took possession and commenced development. However, the Appellant, vide a letter dated 15th October 1991, said that his children had rejected his transactions with the 3rd Respondent i.e. he was no longer interested in the sale of the piece of land and wanted to refund the money i.e. the Seventy thousand naira (N70,000.00) and other Interests that may have accrued to the 3rd Respondent. The 1st Respondent did not respond to this letter and nothing was done about the matter until 1998 when this suit was filed at the trial court.

The 3rd Respondent, Major D. Wende, was by a motion dated 12th March 2001, and granted on 3rd May 2001, joined as the 3rd Defendant at the trial court. He neither filed any Statement of Defence, nor did he personally appear in court to testify, despite several adjournments to enable him put up his defence, although he entered appearance on the 5th of June 2002.

At the trial, the Appellant testified as PW1 and the only witness in the matter. The 1st Respondent testified as the only defence witness. In a considered judgment delivered on the 28th October, 2002, the learned trial judge had this to say in dismissing the claim of the Appellant;

Whereas it is true that the plaintiff is the lawful allottee of Plot No.1277 MNDP Zone A6, Abuja, he is entitled to no declaration in his favour against the defendants either jointly or severally. He had since 1991, parted with his interest in the said land for a consideration of the sum of N70,000.00 which he collected and in turn surrendered his title document and his interest in the land.

The purchaser of the land, in the person of Major D. Wende (Rtd) is therefore the rightful owner of the said plot of land and cannot by any stretch of imagination be said to be a trespasser.

Accordingly, the plaintiff has suffered no damages for which an award of N1,000,000.00 (One million naira) should be made as claimed.